Malcolm Roberts

I move:

That—

(a) the Senate notes that:

(i) on 28 February 2024, order for production of documents no. 474 was agreed by the Senate, requiring the Minister representing the Minister for Defence to table documents by no later than 10am 29 February 2024;

(ii) the order has not been complied with by the deadline; and

(iii) in a letter of response dated 29 February 2024 the Minister claimed the document may contain prejudicial information but did not raise a public interest immunity claim;

(b) there be laid on the table by the Minister representing the Minister for Defence by 2pm 19 March 2024:

(i) the advice referred to in the letter dated 29 February 2024 that the Final Report of the Afghanistan Inquiry Implementation Oversight Panel may prejudice criminal proceedings, with identifying details of the proceedings redacted;

(ii) the date government expects to complete consultation with the Office of the Special Investigator; and

(c) unless the Final Report of the Afghanistan Inquiry Implementation Oversight Panel has been tabled, the Minister representing the Minister for Defence be required to attend the chamber after motions to take note of answers on 20 March 2024 to provide an explanation, of no more than 5 minutes, of the failure to comply with the order no. 474; and

(d) any senator may move to take note of the explanation required by paragraph (c).

(e) any motion under paragraph (d) may be debated for no longer than 30 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each.

Carol Brown

I seek leave to make a short statement.

Leave granted.

The government will not be supporting this motion. As the Deputy Prime Minister made clear in his letter dated 29 February that was provided to the Senate, the final report of the Afghanistan Inquiry Implementation Oversight Panel sought in this order was handed to the government in November 2023 and is currently under thorough consideration. The advice is clear that premature release of the report may potentially prejudice criminal proceedings relating to war crimes, and further consultations with other agencies, namely the Office of the Special Investigator, are required.

Jonathon Duniam

I ask that the question on paragraphs (a) and (b) be put separately to paragraphs (c), (d) and (e), and in doing so I seek leave to make a short statement.

Leave granted.

The opposition will be supporting the substance of this motion in relation to the order for the production of documents but will await the response before deciding whether the Minister representing the Minister for Defence should be required to attend the chamber to explain.

Andrew McLachlan

This motion will be put into two parts. The question before the Senate is that the motion moved by Senator Roberts, parts (a) and (b) only, be agreed to.

Summary

Date and time: 5:25 PM on 2024-03-18
Senator Pocock's vote: Abstained
Total number of "aye" votes: 38
Total number of "no" votes: 17
Total number of abstentions: 21

Adapted from information made available by theyvoteforyou.org.au